Divorce & Family Law Overview

Green Bay, Wisconsin Attorney

While divorce is fairly common in Wisconsin and throughout the U.S., it is still a very personal and unique process for everyone involved. The best and simplest advice that anyone can offer is to focus on moving forward and securing you and your children's new life. Getting caught up in a lengthy and high conflict divorce usually doesn't leave either spouse in a better position or feeling very satisfied about the process. The main issues to be addressed in a divorce typically involve:

Division of Assets & Debt

Wisconsin is a "Community Property State" which means that all assets accumulated by a married couple are divided equally. However, that does not mean that both spouses walk away from the marriage with the same amount. Property inherited, received as a gift to only one spouse, or assets that either spouse owned previous to the marriage are not included as community property.

Division of Physical Property (real estate, cars, etc)

Real assets are difficult to divide. This is where a little cooperation between divorcing spouses can go a long way. Items like houses and cars are typically valued at a fair market rate, and then an agreement must be reached of who will keep what. So long as the division is reasonably equitable, the Wisconsin family courts will typically sign off on the division agreement settled on by the spouses.

Child Custody & Physical Placement

Probably the most emotional and often the most highly contested issue. The courts are looking to act in the best interest of the child. Typically, this means maintaining regular contact with both parents. There are endless ways to divide custody and time with your children, and again, a little cooperation can really go a long way in not only making things easier for the parents, but also reducing the stress on the children. (to read more about Child Custody, click here)

Spousal Maintenance & Child Support

After the initial division of current assets is settled, typically some level of spousal and child support is awarded. There are basic guidelines for child support, but spousal support can be much more complex. The goal of spousal support is to allow the ex-spouse who was not earning an income to have some time to start working towards meaningful employment.

Legal Grounds For Divorce

The only grounds for divorce in Wisconsin is the irretrievable breakdown of the marriage. The irretrievable breakdown can be shows in one of three ways:

• A joint divorce petition for divorce (meaning, both spouses agree to get divorced)
• Living separate for 12 months before filling for divorce
• The Wisconsin Family Law court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation.

Start with a free consultation. I will review your family law situation, give you an idea of the cost, timeline and what to expect. Do not spend another day worrying; take the first step and call my office today.